President Donald Trump issued a proclamation [27] June 4 implementing a nearly full travel ban on nationals from a dozen countries, severely restricting potential entry into the United States. The proclamation is based on an executive order [28] issued on Trump's first day in office that laid the foundation for the administration to enact extensive immigration controls. Trump claimed the action serves national security interests:
As President, I must act to protect the national security and national interest of the United States and its people. I remain committed to engaging with those countries willing to cooperate to improve information-sharing and identity-management procedures, and to address both terrorism-related and public-safety risks. Nationals of some countries also pose significant risks of overstaying their visas…which increases burdens on immigration and law enforcement…and often exacerbates other risks related to national security and public safety.
Commentators have criticized [29] the ban, pointing out that it disproportionately affects Muslim-majority and African countries. Amnesty International's secretary general Agnes Callamard lambasted [30] Trump for the action, calling it inhumane:
President Trump's new travel ban is discriminatory, racist, and downright cruel. By targeting people based on their race, religion, or nationality, from countries with predominantly Black, Brown and Muslim-majority populations, this blanket ban constitutes racial discrimination under international human rights law. It also spreads hate and disinformation, reinforcing the notion that these populations are more likely to pose security risks or engage in acts of violence.
Leaders of affected countries have also denounced the United States for the action. In a Facebook post [35], Chad President Mahamat Idriss Deby Itno announced a corresponding ban on US citizens and jabbed at Trump for his recent receipt of a Qatari luxury jet [36]:
I have instructed the government in accordance with the principles of reciprocity and suspended the granting of visas to citizens of the United States of America. Chad has neither airplanes nor billions of dollars to give, but Chad has its dignity and its pride.
The ban extends almost completely to nationals of Afghanistan, Burma, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen. Additionally, more partial bans have been placed on nationals from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela.
The restrictions bear a striking resemblance to Trump's 2017 travel ban [31], which blocked travel to the United States from seven Muslim-majority countries. Some of these countries—namely Chad, Iran, Libya, Somalia and Yemen—have suffered under both bans.
Trump justified the current ban in almost identical fashion as the 2017 ban, relying on certain provisions of the Immigration and Nationality Act [37] (INA). Section 212(f) [38] of the act allows the president to deny entry into the country if doing so "would be detrimental to the interests of the United States." The administration additionally cited 215(a) [39], which allows the president to block individuals' entry if they knowingly make false statements or otherwise engage in fraudulent activity.
For both bans, Trump claimed [40] that restrictions were not based on religion or race but rather countries’ deficient screening processes, high terrorist activity, poor information sharing, and high overstay rates.
After multiple challenges, the US Supreme Court ultimately upheld [41] Trump's first travel ban under the INA and the US Constitution [42].
Trump stated: "We will restore the travel ban…and keep the radical Islamic terrorists out of our country that was upheld by the Supreme Court."
From JURIST [43], June 5. Used with permission.
Note: The 2017 Trump travel ban was overturned [44] by Biden on his first day in office, Jan. 20, 2021.
